ARBITRATION COURT

Hokitika Guardian, 2 June 1931, Page 5

ARBITRATION COURT

SITTING AT HOKITIKA.. MONDAY, JUNE' Ist. (Before His Honor Mr Justice Frazer (President), Mr IV. C'ecil Prime (Employers representative) and Mr AL. Monteith (Workers representative). A KTERXOOX SITTING. The Court resumed at 2.15 p.m. ANOTHER CLAIM. Milliam James Webb (Mr Murdoch) v. H. M. the King (Mr Kitehinghain) claim for compensation as the result of an accident on Dorothy Falls road works on 2/th. June 1930 when employed by the Public "Works Department. Plaintiff claimed that he was injured by accident while employed by the Public Works Department, he sustained a completely through fractured base of the skull causing loss of cerebrospinal fluid through both ears; was rendered unconscious and remained unconscious for over four weeks; he also sustained a fractured right arm. William James Webb, the plaintiff, deposed he resided near Hokitika and was a. labourer. At the time of the accident was living in a Tint about a inile from the work. He did not remember the accident, woke up in the lionpital four weeks later. Mis mind was blank from the time lie left the hut, till he woke up in the hospital, Had tried to chop wood for his mother, but his head aches and lie gets giddy. That lias occurred often. Had been to Wellington for medical examination by tlie other side. His father went with him and bis father’s expenses were paid also. He had a pain in his head as a result of the medical examination. His father has since died. The late Dr. Hopkins also treated. He thought he answered all the questions put by the doctors at "Wellington, correctly. He had no trouble from his broken arm now. Had also been to .see Dr. Moore, Dr. Will and Dr. Hayes. He did not think lie had improved much. He slept well at night. To Mr Kitehinghain—Was IP when injured. Left school at 17), worked for four year s at a butcher’s shop. Then did labourer’s work. He had not improved since he saw the doctors at Wellington. He felt lie would never , get better Reading made his bleed ache and also ii lie tried to reach upward. To Mr Murdoch—The roughest, examination was given him by Dr. Ray. Andrew Laughton gave evidence he was a labourer, residing at Greymouth. Fie was a brother-in- .alweHTas2tsfl He was a brother-in law. Fie was working with plaintiff at time of the accident. A lot of dirt came down on him. FU? was unconscious when they got him mit, aiul was bleeding from both ears. Fie \vn s taken over the lake ill ii. liiiinoh and then Dr. Hopkins took him to tile hospital. Saw him sonic time after at the hospital, Plaintiff was a good worker, but ho is not fit for much now. Francis Alkie Webb - gave evidence she was the mother of plaintiff, who would be 21 in November. He was a briaht and good hoy. After the accident. it wa s four weeks before she was allowed to see her son. Dr. Hopkins told her to would not he fit for much work in the future. He had a good character for work, now lie could not do anything. He was not fit to go to Wellington alone, so his father went with him. To Mr Kitchinghani—She took it that Dr. Hopkins meant that liier son would be a chronic invalid. Thomas Webb gave evidence he was a labourer, brother of plaintiff, residing fit Knnieri. Ho was present when the accident occurred. Before the accident lie was a lively sort of chap, now he does not want to do anything. He was bleeding from both ears and unconscious when they got him out of the slip that came down. To Mr Kitehinghain—Had seen him washing up a few dishes. FFe complained of pains in the head a.nd dizziness. He used to do a fair amount of reading, but since the accident he could not do any as it made his head ache. Frederick John Andrews gave evidence he way a butcher, residing at Hokitika. Plaintiff liad worked for witness for four years. He was capable and efficient He seemed now to he a bit dopey to what he used to be. He used to he a willing worker. Edith Fullerton gave evidence that she had been on the staff of Westland Hospital. Kememtiered plaintiff being brought to the hospital. He was unconscious, and bleeding from ears and nose. The doctors notes state there was a fractured base of the skull. Dr. Moore. Greymouth, gave evidence that he saw plaintiff on May 20th. who outlined what he was suffering from. "Witness said Lis examination was largely negative, except that he complained of tenderness of a bone. His face was uneven, and that he was deaf in the right ear. That deafness was partly a nerve deafness. Tt was not absolute. Everything pointed to a persistent concussion of the brain, as the result of a fracture of the skull. Witness’ experience of fractures of the skull was that, if they did not get right quite quickly, then therf' was not much hope of complete recovery. His lack of concentration and loss of memory would prevent him being coached. To FI is Honor —Ho would suggest continuing weekly payments for 12 months and then reviewing the ease again. Dr. Haves gave evidence he was medical superintendent of Sea Vjiew Mental Hospital. He was called in. by l>r. Hopkins, who described the patient as having a fracture of the base of the skull. As the result of en-

quiries and examination he found a change in the personnel of plaintiff since the accident. He was more dull and very irritable and unable to concentrate. He suffered from headaches. and could not enjoy pictures owing to the noise. To His Honor—Tt was an impossibility that the plaintiff had been' coached. Considered it advisable to hoi cl over ultimate decision for 12 months. To Mr Murdoch —-Dr. Hopkins had scrioii s views of this case at the time witness was called in. Dr. Wills gave evidence he wa s a medical practitioner of Christchurch. Saw plaintiff yesterday. Was assured that plaintiff had stiffened a very severe brain injury. From an employment point of view his alleged deafness was not' of moment. He considered the hoy \va s quite genuine and that he was suffering as he stated, as a result of his injuries. He was of opinion that it would be better to have a settlement now. This was the ease for the plaintiff. Mr KitcFiingharn for the defence put in some statements by Dr. McTlean I and Marchant of Wellington, and by Dr. Hopkins and stated he would not call further evidence. The Court adjourned at 4.20 p.m. to consider their verdict and return-, ed at 4.30 p.m. Hi s Honor said the Court had come to a decision. The medical evidence was all to the effect that the plaintiff had sustained very severe iujuiries from which he is still suffering, and his final state is in doubt. His partial recovery may he to a less extent; than at present was noticeable. The Court had decided to settle the matter out of hand. Full compensation would be paid for a further twelve, months and then assess further disablement at 50 per cent. Counsels fee would be £F2 12s. £7 7s to Dr. Will, £2 2s to Dr. Moore and travelling expenses, £2' 2s to Dr. Haves, with lay witnesses according to Magistrate’s Court scale. The amount pavable to plaintiff was assessed at £412 10s sd. less £B7 11s already paid, leaving £325 8s sd. SITTINGS OF COURT. Mr Murdoch said he wished to address the Court on. the time between visits and voice a protest, asking that the sittings should be more frequent. He urged that strong respresentations be made for more frequent sittings for the hearing of compensation cases./ He considered it of vital importance that the Court should' function regulurlv apart from the other matters to which it had to give attention. He instanced the difficulties that arose owing to the lengthy delays in the present cases, and asked for the support of the Court. . Hie, Honor said the Court found it difficult to attend to all its many duties. He recognised that it was very desirable that the Court should be able to hear promptly the compensation eases brought forward. The request had his firm support and had been represented "to the Government. He thought it could be said that the Government were seized with the seriousness of the position and he hoped it would lie reconsidered at the earliest possible moment, As instancing the increased business in the last five years the compensation cases dealt with had increased by over 100 per cent, it was impossible to comply with the strict terms of the statute to visit each centre four times a year. He joined with Mr Murdoch in regretting the delay of the sittings and assured him that his representations would not be lost sight of. This concluded the business of the session and the Court adjourned at 4.50 p.m.